Summons for a DUI

I was summoned for DUI. What should I do next?

If a person is arrested for DUI, they would either be taken into custody, or the arresting officer would direct them to appear in Court on the next day. The DUI case was usually arraigned or first appeared on the Monday after the arrest. This is a standard practice that has been followed for many decades. Rarely would a defendant receive Summons concerning a DUI charge by mail, and certainly not within six to nine months of the initial arrest. This has changed over the past year.

What is the Change in Practice?

The legalization of marijuana has impacted the way criminal defense lawyers and law enforcement handle cases. After the passage of Initiative I-502, policy makers and law enforcement have been racing to stay ahead of the “legal” marijuana issues.

What is the Change?

Law enforcement has begun to draw blood for a lot of DUI arrests. Because so many people use marijuana, it is likely that DUI suspects might be impaired by THC. A blood draw is not a reliable way to determine if someone has consumed or smoked marijuana.

The result of a DUI suspect’s blood draw is not immediately available, unlike a BAC machine that measures alcohol. Therefore, the officer who arrested the suspect will file a report and submit the blood sample to the toxicology laboratory. The Prosecutor’s Office will then receive that information. The suspect is technically “under arrest” but is not actually booked into jail. The suspect will not be required to appear before the Court. Two reasons are behind the protocol change.

Logistics is the main reason for this change in protocol. The law enforcement takes several months to receive the results from the blood draw. The Washington State Crime Lab must receive the blood samples. They will provide those results within approximately four months. Results have been returned eight months later, we’ve seen them!

Second, the delay in blood results can lead to a legal challenge. The suspect has a 90-day time limit for a speedy trial. This is the right of the Court and the Prosecutor. If the Prosecutor’s Office charges a case within 90 days of the arrest, they must be available to bring the case to trial. This would not work with the evidence they have at the toxicology laboratory for more than four months. Based on any competent defense attorney’s legal challenge, the Prosecutor could lose all these cases. It is therefore imperative that the Prosecutor delays the arraignment.

Safety in the Community

The Prosecution used to believe that it was important to get DUI suspects into Court quickly so they could establish “conditions for release.” This meant that cases were prioritized in order to protect the community. The Prosecutor would ask the Court to order the defendant to stop drinking alcohol and other drugs on Mondays following a DUI arrest. The priority of safety for the community has been re-established after I-502. The Prosecution must change its strategy in order to respect the rights of the accused if the toxicology laboratory does not provide a quicker turnaround. The State cannot indict a person without having evidence.

Real World Consequences

Hypothetically, someone could be arrested in January and then wait for months before finding out if their recreational marijuana use was sufficient to warrant a DUI. Most people believe that their blood sample was okay after several months. The suspect is released on the night of the blood draw without any instructions as to when or how to get to Court. He or she believes that life can continue as normal.

A job opportunity comes up in May that an individual cannot pass up. The individual moves on with their lives and gets a new address. The person doesn’t think to contact Washington Department of Licensing or leave a forwarding mailing address after so many months. Six months later, the DUI charges are filed and a Summons is sent to the last known address. The Summons lists a court date for the defendant, which is not surprising. A Bench Warrant has been issued for their arrest. The individual did not receive information about the 7-day window for requesting a Department of Licensing Hearing to contest their license suspension. Therefore, they are now driving with a suspended license.

The delay in blood test results can lead to many frustrating problems. This “hypothetical” is happening every day to many Washington residents.

What should I do?

First, make sure you keep your address current with the Department of Licensing. After your case has been charged, the Prosecutor will provide the information to Court Clerk’s Office. They then send the Summons. The Summons are sent to the address that was last provided to DOL.

Second, avoid being charged with DUI. We advise clients to take proactive steps if they are being hired to do a DUI. In some cases, we may recommend that clients complete an alcohol assessment or a DUI Victims Impact panel before the arraignment. We keep in constant contact with the Prosecutor’s Office to be informed as soon as the case is charged. We have strategies that make it easier to get the case through the arraignment and the rest of the case.

This process is too complex to handle alone. For a confidential, free consultation, call our office if you have been arrested for DUI or if you have received Summons.